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• Introduced by Rep. Marko Liias, (D-Mukilteo) (D) on January 14, 2009, requires retail stores to allow customers, under certain specific conditions, to use the employee restroom if a customer restroom is unavailable. Specific conditions include medical conditions of the customer, safety of the employee restroom, number of employees present, among others. Penalties for violators include warning letters from city or county officials for first time offenses with fees imposed for subsequent violations.
  • Referred to the House Judiciary Committee on January 14, 2009.
    • Substitute offered in the House on February 9, 2009, to exempt retail establishments from the requirement of granting qualifying customers access to an employee restroom facility in either of the following instances: The restroom facility is located in an area where providing access would create an obvious health or safety risk to the customer and allowing the customer to access the restroom facility poses a security risk to the retail establishment or employee. The substitute bill excludes all structures of 800 square-feet or less from the definition of a retail establishment. Operators of structures fitting this description are exempted from the requirement of granting qualifying customers access to an employee restroom facility. A requirement is added that, where the customer's chosen form of corroborative, written evidence is a statement signed by his or her health care provider, the signed statement must be on a form that has been prepared by the DOH. The substitute passed in the House by voice vote on February 9, 2009.
    • Referred to the House Rules Committee on February 11, 2009.
• Passed in the House (90 to 7) on March 3, 2009. [Vote Details and Comments]
• Received in the Senate on March 5, 2009.
  • Referred to the Senate Judiciary Committee on March 5, 2009.
    • Amendment offered in the Senate on March 30, 2009, to provide that a person who has an eligible medical condition or device has the required "writing" to verify the existence of the medical condition or device, must be allowed by a retail establishment to use its restroom facility . The amendment passed in the Senate by voice vote on March 30, 2009.
  • Referred to the Senate Rules Committee on March 30, 2009.
• Passed in the Senate (41 to 6) on April 14, 2009. [Vote Details and Comments]
• Received in the House on April 18, 2009, House does not agree to Senate amendments and asks the Senate to reconsider. Passed in the House by voice vote on April 18, 2009.
• Received in the Senate on April 22, 2009, Senate removes orginial amendments and offers a stiking amendment to allow a person with certain medical conditions to use a private bathroom in a business.
• Passed in the Senate (33 to 12) on April 22, 2009. [Vote Details and Comments]
• Received in the House on April 24, 2009, House agrees to Senate action. Passed in the House (93 to 0) on April 24, 2009. [Vote Details and Comments]
• Signed by Gov. Christine Gregoire on May 11, 2009, requires, under certain conditions, a retail establishment with an employee restroom facility to provide customers access to that facility. Prescribes civil penalties for violations. Directs the Department of Health to develop a standard electronic form that customers with certain medical conditions may use as proof to retailers that access to a restroom is necessary. Provides the retail establishment or employee some immunity from civil liability where a qualifying customer has been permitted to use a restroom that is ordinarily reserved for employees .